National Republican., 1887-07-08
GUILTY OR mot GUILTY?'
THE TODD CASE IN THE HANDS OF THE
JULY.
Some Scared witnesses who wouldn't
Face a Cross. s.Examina tion-Closing
Arguments OF Prosecution aud De-
f.nse-The Verdict Near at Hand.

The Washington Presbytery met yester.
day morning at 10.15 at the New York
Avenue Presby teran Church. Proceedings
were opened with prayer by the moderator,
Rev. John l.. French.
The witnesses for the prosecution who
were to testify in rebuttal on the question
Of bribery fal'ed to appear, and their
absence, especially that of Hornbaker,
caustd considerable comment DIR. Sun
derland seemed to be very much dlsap-
pointed at Mr.. Hornbaker's non-appear-
ance, for he was loaded for him.
Mr.. George @. Round, witness for the
defense, was recalled, and he identified the
sworn statement of Station Agent Whit
tington, OF Nokesville, as to the time OF
the arrival and departure Of trains on the
Gath day Of May. The statement was re-
ceived in evidence.
DR.. Reading, witness for the defense,
wa recalled, and testified more explicitly
than heretofore as to the condition Of the
roads on that day.
The affidavit OF John Herndon was re-
ceived. In 1t he stated that had MIR. Todd
gone on horseback into the woods the
tracks would he there yet, as the ground
was so soft that q horse would have sunk
up TO his fctlocks.
Littel Slack, witness for the defense,
was recalled. ave started for Manassas at
o'clock on the morning Of the oath. l
saw Richard Woodyard; he was ahead OF us
about $50 yards when first saw him; he
was riding light bay horse"
Cross-ex amined II don't know OF any
horse that nearly resembles the one that
Mr.. Todd rode on Monday. The peculiarly
If ha fa ha nf nd ma
ters, and some Of the fellows used to make
fun Of him to me. They did 1t because my
father had owned the horse. / never tried
the ANIMALS speed.n
By Mr. Easily: couldn't say whether
Turner saw Mr.. Todd or not on the Mon
day. / called his attention to the fact that
the horse was passing, and he remarked
that 'Mr. Todd is an old rascal 1 don't
know whether he saw Mr.. Todd or not He
could have seen him."
By Mr.. Ramsdell: "lIis face was turned
This Closed the testimony for both Sides
On melton Of Mr.. Lyman, the roll was
called, and the court was declared to be
composed of the following members: b. +.
David II. Riddle, Joseph I. Kelly, Charles
B. Ramsdell, James NJ. Nourse, Eugene
Peck, j. w. McIlvaine, Teunis s. Hamlin,
George p. Van Wyck, and Robert II. Flem-
ing; elders, A. Greenlees, G. B. Walker,
Charles Lyman, j. w. Easily, and j. r.
Zimmerman.
Those who had been absent from any part
Of any session were debarred from voting
on the verdict.
At 1880 the court took q recess until Q
| o'clock, and at 2:10 DR.. Childs, counsel for
the prosecution, commenced his argument.
| He said: ~ have to congratulate myself
and the members Of the ourt on the near
approach Of the close of this case. think
| can congratulate the court ON the manner
in which the trial has been conducted. We
have not made ourselves laughing stock
for the community at large, and think the
attack made on the proceedings by one Of
our honored members was hardly fair. The
| proceedings Of the iudicatory have been
eminently fair and just. take occasion at
this point to thank the press, not only for
the remarkably fair reports they have given,
| the case or its conduct. They have not eu-
deavored to prejudice the public mind. 1t ia
matter for congratulation that among the
| 1250C0 ministers Of the Gospel In the
country QncludiDg Methodist local preach
ers) such cases as this we have been called
upon to investigate are extremely rare"
The charges against Mr.. Todd were read
and the statement made that Webster
second definition Of the word "chastity'i
was the one the prosecution had intended
in making the charge. "rhat definition
reads, Freedom from obscene, corrupt, or
extrayagant Thought or expressions; as
chastity Of style or language and did not
necessarily imply a breach OF the seventh
commandment. The second charge is the
still lees offensive one of conduct unbe-
coming Christian minister"
1--WE appreciate the gravity OF the charges
to Mr.. Todd, to his family, to his church
and ask you to remember this when con.
sideriDg the case. We know 1t Is possible
for such charges to be made, aud for there
to be no shadow of proof In support of the
allegations"
An instance was given where well
known minister was entrapped for pur.
poses OF blackmail and how he escaped
"But," continued the doctor, "the Pres
bytery has imposed duty on me. Charges
against Mr.. Todd have been made public
and II is due to the church, to the Presby.
tery, and to the accused, that the charges
be thoroughly investigated. AS / have
said before, have had no time to consul,
with legal counsel, except on that point oi
the admissbility Of aflidavits, and l au
therefore at a disadvantage, but ! will
state what understand to be some of the
principles Of law, laws Of evidence, which
i shall ask you to apply to the facts In thu
case" Starkie on evidence and the reports
OF the supreme court Of the state of Con
|
purpose Of showing the value Of a single
witness, and the comparative uselessnesi
Turner'S reputation, DR.. Child's said
"The case Of the prosecution
rests largely, almost entirely upon the tes.
timony Of the man Turner. It makes nj
difference whether he may or may not have
vindictiye; II you think he was telling {
truthful story In t.is case the past viii
not-cannot affect his evidence"
The half hour allowed the prosecution tC
open In having expired, the counsel for tbs
defense, DR.. Byron Sunderland, said: 81
want to thank my beloved brother, DR.
Childs, for laying down the law. II will
save me that trouble; for what applies tc
Mr.. Todd will apply to Turner. A want tc
join the doctor In his thanks to the press, t
the court, aud to everybody Interested, aud
have special thanksgiving for him."
Following is DR.. Sunderland's argument
MODERATOR AND BRETHREN: Centuries agt
there was trial in Jerusalem where man!
agIeed not together And there was also
traitor who sold his Master for 30 pieces o
silvtr-the end of that traitor is recorded II
Here there is but one accusing witness-th,
man called Robert II. H..rurner-by his own az
count fourteen years Christian, member o
the Baptist church, who having seen in th,
woods a preacher of the Gospel on a table
cloth and woman scamperlng away Is 'st
tickled" over 1t that he goes home and tell
his wife before he can get into his house
Then he tells another man, and they star
back into the woods TO catch them, although
meantime a couple of hours have passed, anC
there had been a shower of rain Those tw,
worthless of Prince William couHty, Va, wen
together searching through the woods expect
ing TO end the delinquents still lingering Il
their sylvan retreat after their frat surprise
and though the rain was falling willing /,
brave the unpropjtious elements, the dam
ground and moulderlng litter of tn,
| woods. Alas they found no sigi
OF human being, but quan
,ity OF hoIse tracks-the grass matteC
| down a little where Il COW might have lain
| TO- ,nlc